Select Board Meeting Minutes 4/6/22

Minutes of the meeting of 4/6/22

Meeting Opened at: 12pm

Select Board Members Present: Steve Weisz, Chair, Justin Makuc and John Weingold

Also present: Hillel Maximon, Don Coburn, Jeremy Rawitz, Tom Mensi, Mark Makuc

Also present remotely: Shawn Tryon, Sara Hunter, Nancy Tomasovich, Emily Johnson

12:15pm: The Board met with moderator Mark Makuc to discuss annual town meeting. The Board let Mark know that due to COVID the plan is to hold the meeting in the pavilion.  The Board has also notified the Police Department to have enough staff to handle any parking issues that may arise.  An article was placed in the Monterey News looking for volunteer microphone handlers but no responses have been received to date; Hillel Maximon volunteered and noted that his wife may also be willing.  Mark requested permission to be able to speak with Counsel prior to the meeting to discuss any questions he may have on the warrant articles.  A motion was made to allow Mark Makuc permission to contact counsel for any town meeting warrant concerns.  The motion was seconded and unanimously approved.  Discussion ensued about the future of electronic voting and how Mark feels it may shorten the meeting and make it more efficient if votes that cannot be determined by voice vote can be done with the clickers.

12:30pm: Sara Hunter, Treasurer met with the Board to discuss the former Lupiani property.  Sara explained that the attorney for the Lupiani’s have requested to purchase back the property they lost in 2015 in tax title.  The law does allow the former owner to purchase the property back but Sara advised the Board consider all options carefully before making a decision as this will set a precedent.  Sara said that the Board can also consider auctioning off the property.  Sara will send the options to the Board and she will be back next week with the Tax Tile Attorney to review.  A motion was made to table this until the next Wed meeting.  The motion was seconded and unanimously approved.

Old Business

1. Town Administrator Items:
   1. Melissa Noe stated that the Collins Center has agreed to update our handbook for $6,500 based on our past relationship.  Justin contacted Attorney Michael Harrington and has requested a written proposal which we hope to have by next week. A motion was made to table this until next week.  The motion was seconded.  The motion passed unanimously but John expressed that he still doesn’t understand why KP Law isn’t writing it since they are going to have to review anything created anyway.  John has reached out to Brian Maser who said they can do it for $6,500.  Steve and Justin would like a written proposal from KP Law to compare with the others.

New Business

1. Justin would like more time to review the draft town meeting warrant. Discussion ensued about the date the board needed to sign and send to the printer. John made a motion to table this until an extra meeting to be held on Monday at which time the Board will review the entire warrant.  The motion was seconded.  Discussion ensued.  A motion was made to send the draft as is to counsel for review and legality as well as to add the article to amend the bylaw review committee bylaw so it can be signed next week.  The motion was seconded.  Steve will contact Attorney Riley.  The motion was unanimously approved.  The meeting on Monday will be at 6pm.
2. ARPA requests:
   1. Tom Mensi, Parks Commission Member presented a request for up to $90k from the American Rescue Plan Act funds to upgrade or replace the playground equipment at Greene Park.  Tom believes it is in the spirit of the ARPA plan because it is in the best interest of those that use it.  The Parks Commission wants something tasteful yet functioning with challenges and fun included.  Steve inquired if the plan was to occupy the same space as the existing equipment; Tom stated it would be in the same footprint.  It was noted that the current location is suboptimal as it is on top of the town hall’s septic system.  John asked if the Parks Commission has determined how many children actually live in Monterey and visit family; Tom acknowledged that is part of their action plan.
   2. Steve suggested that the Board should still come up with a date for ARPA requests and presentations so that departments do not feel compelled to rush.  A motion was made to have the SB adopt a program with 2 phases for ½ of the amount allocated in each phase, all proposals for first half should be submitted by August 1^st, 2022 and 2^nd phase by August 1, 2023.  Justin was not in favor of the phase program because what it limits the flexibility of the Board decides to spend the money before and after the deadline.  The motion was not seconded and therefore failed.  The Board agreed to discuss this further in the coming weeks.
   3. Request from fire department for the upgrade of Rescue 5 and to purchase an ATV for lost hiker situations/rough terrain rescues (total of $75k approximately).  The fire chief will be asked to make a formal presentation.
   4. Southern Berkshire Ambulance request made earlier this year ($17,979): Steve would like confirmation 1^st that the other 5 towns have approved the full amount requested.  A motion was made to table this until we get the audit requested from the ambulance service.  The motion was seconded and unanimously approved.
3. Scheduling of Executive Sessions: Steve asked if everyone received the letter from the Attorney representing one of the employees that was part of the investigation.  John said yes but because it was not received 48 hours prior to this meeting it should not be discussed. Steve argued as it is part of an agenda item already on for today and is pertinent to the scheduling of executive sessions with regard to the investigation it can be discussed.  Steve informed the other members that he has forwarded the letter to town counsel and would like to hear what they advise prior to scheduling any meetings to meet with those involved.  John argued that findings of fact have been accepted and he now wants to meet with the employees listed in the complaint.  Steve’s understanding is that the town and individual members of the Board may be subject to liability and he wants an understanding of what type of liability exists first.  Steve is more than willing to meet with counsel to discuss how to move forward.  John demanded that the Board will not be meeting with the lawyer first, they will meet with the employees listed in the report.  Justin said that regardless of what is to be done at the executive session the Board needs to meet in executive session, and sooner than later, pushing off meeting does no good for anybody involved. A motion was made to meet Monday the 11^th prior to the warrant meeting. Discussion ensued about emails that were sent by John and Justin about setting a schedule that Steve was unresponsive to. Steve said he will not have any discussions via email due to the barrage of OML complaints filed.  Don Coburn stated that there isn’t a reason to meet separately and referred to the letter that was sent to the Board and investigator which he is aware of as the employee who the letter is about shared it with him.  John then accused Don of conducting everything that is going on and he finds it disturbing. Justin then made a motion to hold an executive session on Wednesday April 13^th at noon. John and Steve both said that they were available at that time. Justin will confirm Attorney Maser’s availability for next week and have the attorney draft the letters for the Chair to distribute.  The motion was seconded and passed 2 – 0 with Steve abstaining.
4. A motion was made to approve the amended minutes of 3/23.  The motion was seconded and approved 2 – 0 with John abstaining.  Steve pointed out that these minutes were tabled the previous week because John requested more time at the last meeting to review and make edits and now he is abstaining.  John replied that he didn’t have time as he has a life outside the select board and then apologized to the public that he didn’t approve minutes. A motion was made to approve the amended minutes of 3/30. John then said that entire conversations are missing and that’s why he won’t be approving these minutes. The motion was seconded and approved 2 – 1 with John voting no.
5. Review mail & correspondence to be sent:
   1. none
6. Comments & questions from the public
   1. Don Coburn said that got the impression from a couple of comments made today that the Board is under the impression that there are times when the Board has to have an executive session, the statute gives the option, but the Board never has to.
7. A motion was made to enter Executive Session for the purpose of approving the minutes of 3/23/22 - 12pm, 3/23/22 - 6pm and 3/30/22 and to not return to open session.  The motion was seconded and unanimously approved.  Roll call was taken, John present, Steve present and Justin present.

A motion was made and unanimously approved to adjourn the meeting at: 2:06pm

Submitted by:

Melissa Noe, Town Administrator

Approved by:

Monterey Select Board

cc: Website (www.montereyma.gov)

Select Board Members

Minutes Book

Town Clerk

Any documents used in the meeting are listed below and are available by request at town hall.

1. Treasurer email on Lupiani property
2. Draft town meeting warrant
3. Letters from the Parks Commission, Fire Chief and Southern Berkshire ambulance requesting ARPA funds.